Ballot trial terms heavier

At sentencing, judge bypasses suggestions; some apologies offered

Judge hands down sterner sentences in ballot fraud

Updated 10:52 pm, Tuesday, March 12, 2013

Anthony Renna addresses the court during his sentencing in a ballot fraud case by acting state Supreme Court Justice George J. Pulver at Rensselaer County Courthouse in Troy Tuesday March 12, 2013. (John Carl D'Annibale / Times Union)

Anthony Renna addresses the court during his sentencing in a ballot...

William McInerney leaves the court room after sentencing in a ballot fraud case by acting state Supreme Court Justice George J. Pulver at Rensselaer County Courthouse in Troy Tuesday March 12, 2013. (John Carl D'Annibale / Times Union)

William McInerney leaves the court room after sentencing in a...

Anthony DeFiglio is sentenced in a ballot fraud case by acting state Supreme Court Justice George J. Pulver at Rensselaer County Courthouse in Troy Tuesday March 12, 2013. (John Carl D'Annibale / Times Union)

Anthony DeFiglio is sentenced in a ballot fraud case by acting...

John Brown is sentenced in a ballot fraud case by acting state Supreme Court Justice George J. Pulver at Rensselaer County Courthouse in Troy Tuesday March 12, 2013. (John Carl D'Annibale / Times Union)

John Brown is sentenced in a ballot fraud case by acting state...

Special District Attorney Trey Smith allows a smile after sentencing for four city Democrats sentenced in ballot fraud cases at Rensselaer County Courthouse in Troy Tuesday March 12, 2013. (John Carl D'Annibale / Times Union)

Special District Attorney Trey Smith allows a smile after...

Acting state Supreme Court Justice George J. Pulver during sentencing for four city Democrats sentenced in ballot fraud cases at Rensselaer County Courthouse in Troy Tuesday March 12, 2013. (John Carl D'Annibale / Times Union)

TROY — A judge ignored prosecution suggestions Tuesday and handed down heavier sentences to some defendants in the absentee ballot fraud case.

Acting state Supreme Court Justice George J. Pulver sentenced former city councilman John Brown to the agreed-upon six months in jail, but ignored pleas from Special Prosecutor Trey Smith, Brown and his attorney that Brown be allowed to serve the time on weekends so as not to interfere with his new job.

Smith asked that former city housing clerk and Democratic operative Anthony DeFiglio's charges be dropped if he stayed out of trouble with the law for three years, but Pulver handed him 100 hours of community service.

Democratic operative Anthony Renna, who was supposed to get an undetermined amount of time on a work-order program, got 200 hours. Former City Clerk William McInerney got his agreed-upon 90 days in a work-order program.

All four pleaded guilty and were witnesses for the prosecution at the trials of former City Councilman Michael LoPorto and Rensselaer County Democratic Elections Commissioner Edward McDonough.

LoPorto and McDonough were first tried together a year ago in a proceeding that ended with a hung jury and mistrial. Later, each was tried separately and acquitted.

Three of the four men sentenced Tuesday said they were sorry they were part of a cabal of Democrats who forged up to 50 absentee ballots in the 2009 primary to secure the Working Families Party line for Democratic candidates running for city council.

"I would like to apologize to the people of Troy," Brown told the court. "It was the worst mistake in my life and forced me into hundreds of thousands of dollars of debt. I have not lost a job, I lost a career."

DeFiglio also expressed remorse.

"I want to apologize to those voters because what I done to them was totally wrong," DeFiglio said.

Smith had suggested Renna's plea might need to be vacated because Renna changed his testimony from one day to the next in McDonough's December trial.

On cross-examination by Brian Premo, McDonough's attorney, Renna said he was in McDonough's office and forged ballots in front of him then handed them to him to be processed. The next day, Renna testified he was mistaken and that McDonough did not witness forgeries and then take possession of the documents.

The admission caused Pulver to strike Renna's entire testimony from the record.

"It was quite a shocker, and still, your honor, I stand here before you to this day and I still don't know what happened," Smith said. "It did not help my case and a lot of money went into this prosecution."

Pulver let the plea stand.

Renna's explanation did little to clear up the matter.

"I was maybe confused because of medical things I have going on and I confused the years 2007 and 2009," Renna said. "That night, I knew what I said was wrong and I came back the next day and told the truth."

Pulver is scheduled to return Thursday to County Court to hold a conference on the cases pending against former City Council President Clement Campana and current Councilman Gary Galuski, both Democrats.

Galuski is charged with four counts of first-degree falsifying business records. Campana faces charges of first-degree falsifying business records and four counts of illegal voting, all felonies, and a count of conspiracy to promote or prevent election, a misdemeanor.